Domestic Abuse Update

The Domestic Abuse Act 2021 became law on 29 April 2021. It contains the first statutory definition of domestic abuse; we have not previously seen this in legislation.

The definition of domestic abuse is behaviour that consists of any of the following (and can be a single incident or a course of conduct):

a) physical or sexual abuse;

b) violent or threatening behaviour;

c) controlling or coercive behaviour;

d) economic abuse;

e) psychological, emotional or other abuse.

Economic abuse also has its own definition which is any behaviour that has a substantial adverse effect on the other party’s ability to a) acquire, use or maintain money or other property, or b) obtain goods or services.

You can obtain protection through this Act if you are “personally connected” to the other party and you are both over the age of 16. Being personally connected not only includes people who are married/civil partners to each other, but also includes those who have previously been married/civil partners or engaged to each other/entered into a civil partnership agreement.  The definition also includes people who are or have been in an intimate personal relationship or have had a parental relationship in relation to the same child.  Relatives also fall under this definition.

This wider definition of being “personally connected” means that more people will benefit from the protection that the Act introduces. Children are now also considered as victims of domestic violence rather than witnesses.

A very positive step forward is the introduction of a Domestic Abuse Commissioner. The Commissioner will be responsible for encouraging good practice in both the prevention of domestic abuse and also the identification of perpetrators and victims of domestic abuse, and children affected by domestic abuse.

 What should I do if I am a victim of domestic abuse?

A really important development in the new legislation is to introduce police powers to issue Domestic Violence Protection Notices (“DVPN”). If the police serve a DVPN this can require a perpetrator­ to leave the home for up to 48 hours. This can provide the victim with immediate protection and time to consider options. The police have powers to arrest anyone they suspect of breaching the DVPN.

The Act also provides for a Domestic Abuse Protection Order (“DAPO”) to be made against a perpetrator on the application of either a person, or the police, to the court. The court can make orders protecting the victim but can also make orders requiring the perpetrator to do something such as attending a perpetrators of domestic abuse programme or a drug rehabilitation programme.

Breach of a DAPO has serious consequences. It creates a criminal offence and can lead to imprisonment of up to 5 years.

 If you believe you are a victim of domestic abuse it is important to seek help from an appropriate agency (such as the police, domestic abuse charities, your GP and/or a solicitor). It is also important to take legal advice alongside any action the police may take, and we can advise you about your options including applying for a DAPO.

If you want to discuss anything in this article, then please contact us.